The concept of life care planning has evolved within the litigation arena. However, in the over 40-plus years in which the field of life care planning has been recognized, the concept has also been used as a tool in other arenas (Life Care Planning and Case Management, Fifth Edition; Rutherford-Owen, Barros-Bailey, & Weed). Examples of how these plans are being used in a non-litigated setting include treatment of wounded warriors, discharge planning (post hospitalization), elder care, and family trusts for disabled children/adults.
It is important for the attorney to have a general understanding of the process and methodology that the life care planner employs in establishing opinions outlined in the plan. Understanding the role of collaboration and the need to obtain additional experts may need to be considered given a variety of factors which will be discussed later in the article.
Dynamic Document
A life care plan is a “dynamic document based upon published standards of practice, comprehensive assessment, data analysis, and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs,” (as defined by the International Conference on Life Care Planning and the International Academy of Life Care Planners Adopted April 1998). It serves as a planning guide to outline future lifetime needs of an individual with a disability.
In developing the life care plan, areas for consideration may include medical evaluations/treatment, therapeutic interventions, medications, adaptive equipment, home modifications, attendant care, diagnostics, surgical interventions, vocational services, etc.
Role of Collaboration
As part of the process of analyzing and formulating opinions for a life care plan, it is critical for the expert to acknowledge the role of collaboration and consultation with other professionals in the medical field. It is important for the life care planner to recognize their own Scope of Practice and identify other specialists who may play a role in identifying future medical needs. For example, in the case of an individual who has suffered a birth-related, spinal cord, or traumatic brain injury, the role of a physiatrist (physical medicine and rehabilitation physician) becomes essential in understanding the future medical needs of the individual. An individual who has suffered severe burns will require the expertise of a Plastic and Reconstructive Surgeon to ensure graft surgery and laser interventions are part of the overall rehabilitation plan.
The life care planner has the responsibility to evaluate their expertise (i.e., Scope of Practice) and seek out opinions and recommendations from the relevant medical treatment team. Ideally, these opinions are outlined and provided by the treating providers.
Opinions Not Available
However, there are situations in which the medical treaters may not be available to provide opinions. For example, if a life care planner has been retained by defense counsel to provide a rebuttal life care plan. Additionally, there are times when the treating physicians, therapists, etc., are not willing to provide opinions regarding future care needs. In both scenarios, it is essential for the life care planner to identify areas that are outside of their Scope of Practice and seek to secure those opinions accordingly.
This may involve consultation with the attorney and assisting to identify relevant experts to help create the life care plan. The life care planner can provide relevant guidance in identifying other areas of expertise that may be needed to provide a comprehensive analysis and plan.
Optimal Outcomes
One of the goals of a life care plan is to assist the evaluee in achieving optimal outcomes by developing an appropriate plan of rehabilitation, habilitation, prevention, and reduction of complications. This includes recommendations that contribute to the evaluee’s health, wellness, and quality of life. Throughout the process of organizing and preparing the life care plan, the evaluator needs to continue to evaluate the importance of collaboration with other professionals and recognize their limitations based on their own education, training, and work experience.
Ultimately, the goal is to provide a plan that can serve to educate the relevant parties, including attorneys, jurors, insurance adjusters, judges, arbitrators, mediators, and others as to the future medical needs of the evaluee.
